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The Auto Accident Litigation Case Study You'll Never Forget
How to Build an Auto Accident Legal Claim

A lawyer from a car accident will take into consideration all the ways your injuries have impacted you. This includes both future and present medical costs, lost wages and emotional effects.

auto accident law firm pasadena with a lot of experience in preparing and trying cases involving car accidents is essential. Insurance companies recognize that attorneys willing to take cases to trial will fight to get maximum compensation.

Traffic collisions

Traffic collisions are any accident which involve at least one vehicle. These accidents may also involve pedestrians, stationary obstructions like poles or buildings as well as animals road debris, or road debris. They can also occur on private or public roads. Traffic accidents can be intentional or accidental. Examples of traffic crimes that are intentional include vehicular murder and vehicular suicide.

According to the NYC Open Data Initiative car accidents are among the most frequently types incidents in New York City. The city maintains a database that is public of every reported motor vehicle crash. It includes information about the date and time of the collision, the location of the accident, and the severity of the collision.

It is essential to report all traffic collisions, even those that appear minor. You may lose your right to compensation if fail to report the crash. Failing to report a collision can result in an immediate suspension of your license or other penalties.


If you are involved in a traffic accident it is imperative to report the incident immediately and to take photographs of the scene. You should also gather all information regarding the other driver and their insurance company. If you're unable to locate the other driver you may claim the damage through your own auto insurance or a family member's insurance. You could also be able to file a claim with the state's special fund for those who have suffered catastrophic injuries known as the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).

At-fault driver citations

In states with fault-based car insurance laws, the at-fault driver's insurer covers medical and repair costs for other drivers involved an accident. You may still be able to get compensation for your losses. In such instances you must be able to provide evidence that the other driver was negligent or reckless. A traffic citation is a good source of evidence for this reason.

In most police communities officers are free to issue a driver warning after an accident. If they believe the driver was responsible for the accident through committing an infraction to the speed limit the police will typically issue tickets. The type of offense also influences the determination of fault by the insurance company.

Some states have "contributing factor" boxes on accident reports, where officers can assign a percentage of the blame to a driver involved in an incident. If you were struck by a driver who drove straight through a traffic signal, and you could have moved away from the way and didn't, you may be assigned a certain percentage of blame for the accident.

An experienced personal injury attorney can assist you in proving the other driver breached his or their obligation to drive safely and adhere to road rules. You could then seek damages for your physical and emotional injuries. If your losses are greater than the amount that your liability insurance covers you may be able to bring a lawsuit against the at-fault driver.

Counterclaims

After a car accident, the parties involved only have a limited amount of time to file a lawsuit. These deadlines may differ between states, but a lawsuit filed in the appropriate time frame can be a viable way to get compensation for the damages and injuries that result from the collision. A knowledgeable lawyer on your side can allow you to negotiate with insurance companies to settle your case to trial.

One of the first steps that you and your attorney begin the legal process is to submit a police report. The report is a crucial document that includes an account of the incident, data and evidence that was gathered at the scene, testimony from witnesses and more. The document is used by insurance companies and lawyers to determine fault and to determine what damages you might be entitled to.

After your attorney has filed the report, both parties will engage in a series of exchanges referred to as discovery. This is where your lawyer will ask questions of the representatives of the defendant and obtain information related to their version of events including their assessment of the extent of your injuries. Your attorney can also seek out expert opinions to support your claims and give credibility to the case.

Counterclaims are often a way for those who are who are at fault to tilt the scales their way. This is especially prevalent in states with modified law on comparative negligence, which requires victims to prove they're less than 50% at fault for the accident.

Comparative negligence

Identifying who is at fault in the cause of a car crash is often confusing and at times difficult. This is particularly true in states that have adopted common negligence or shared blame rules. In accordance with the laws on comparative negligence those who are injured can receive compensation less their percentage of fault for the accident. If you are found to be 20% negligent, your recovery will be reduced by 80%.

New York is a pure comparative negligence state, so should your case go to the courtroom, judges and juries will assess the degree of blame each party is responsible for the accident and reduce the amount of damage awarded by that same amount. Insurance companies also use the concept of comparative fault when evaluating third parties' claims.

There are three general types of comparative negligent such as pure comparative neglect and modified comparative fault and contributory negligence. Texas is one of the states that follow the modified comparative negligence rule. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each defendant/tortfeasor accountable for the total amount of the victim's losses.

Your lawyer will ask oral questions of witnesses, police officers and medical professionals involved in the collision through a process called depositions. These will assist the legal team build your auto accident case. Your testimony will help strengthen your claim.

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